KISMATI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Aditya Tiwari, the learned counsel for the applicants, Sri Anant Pratap Singh, the learned AGA for the State and perused the record.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C., the applicants have sought quashing of entire proceedings of Criminal Complaint Case No. 20685 of 2022 'Mayaram v. Rajveer Yadav and Others', arising out of the charge sheet Case Crime/FIR No. 179/2021 under Ss. 323, 504 and 506 IPC, and final report dtd. 27/12/2021, Police Station Hanswar, District Ambedkar Nagar, pending in the Court of Civil Judge (Jr. Div.)/FTC/ Additional Chief Judicial Magistrate, Ambedkar Nagar including the impugned summoning order dtd. 20/10/2023.

(3.) The FIR lodged on 26/11/2021 in furtherance of an application under Sec. 156 (3) Cr.P.C. filed on 30/6/2021 against 5 persons, including the applicants, alleged that a property dispute is going on between the informant and the applicant no. 2, due to which reason the accused persons came to the informant's house and started abusing him. When the informant opposed it, on the exhortation of the applicant nos. 1 and 4, the applicant no. 2 pushed the informant to the ground and he and another accused Beenu Yadav had beaten him with kicks and fists. When the informant's daughter-in-law tried to save him, the accused persons beaten her also and snatched away a chain from her neck. The FIR further stated that the informant had called the Police by dialing 112. The police had taken both the parties to the police station but neither the informant's report was registered, nor was he and his daughter-in-law examined medically. On 15/5/2021, the informant got himself and his daughter-in-law medically examined and thereafter he sent an application to the Superintendent f Police through registered post and when no action was taken on it, he filed the application under Sec. 156 (3) Cr.P.C.